Alan Roxburgh’s recent work includes advising former shareholders in Madoff feeder funds in relation to claims to recover redemption payments and acting for the defendants in proceedings relating to the reorganisation of an investment structure. He has also been acting for banks in disputes about precious metals, interest rate swaps, the recognition of trusts and cross-border insolvency, and for a multinational pharmaceutical company in proceedings against its IT infrastructure provider, and has been advising on a number of energy contracts and disputes about share options, share mortgages, reflective loss and rights of indemnity.
Alan Roxburgh has returned to a general commercial practice after having acted as counsel to the Bloody Sunday Inquiry from shortly after it was established in 1998 until its conclusion twelve years later. He was involved throughout in advising and assisting the Tribunal chaired by Lord Saville of Newdigate, and took a major part in the hearings in Northern Ireland and in London. The Inquiry was of unprecedented length and complexity, and received the written or oral evidence of more than 2,400 witnesses. The ten volumes of the Tribunal's report were published on 15 June 2010.
Before the Bloody Sunday Inquiry, Alan Roxburgh had appeared in the British Coal Respiratory Disease Litigation, in which he acted for the defendants at the trial of the lead actions in the largest occupational disease group litigation ever conducted in England. He had also acted for the defendants in a major professional negligence trial relating to the acquisition of a reinsurance company.
Alan Roxburgh has a general commercial practice.
Alan Roxburgh has recently been extensively advising and representing former registered shareholders in the largest of the Madoff feeder funds, now in liquidation, in relation to a series of restitution claims brought against them in the British Virgin Islands, which culminated in appeals to the Privy Council in which summary judgment in their favour was upheld. His other recent work includes acting for the defendants in proceedings relating to the reorganisation of an investment structure, for banks in disputes about precious metals, interest rate swaps, the recognition of trusts and cross-border insolvency, and for a multinational pharmaceutical company in proceedings against its IT infrastructure provider. He has also been advising on a number of energy contracts and disputes about share options, share mortgages, reflective loss and rights of indemnity.
Akers v Samba Financial Group  EWHC 540 (Ch),  16 ITELR 808;  EWCA Civ 1516,  Ch 451 CA;  UKSC 6,  2 WLR 713 (law applicable to the creation of equitable proprietary interests upon a declaration of trust; whether transfer of trust assets by trustee involves disposition of beneficiary's property under section 127 of the Insolvency Act 1986)
Barclays Bank plc v Ente Nazionale di Previdenza ed Assistenza dei Medici e degli Odontoiatri  EWCA Civ 1261 (appeal against refusal of stay under Article 27 or Article 28 of Council Regulation (EC) 44/2001 and grant of summary judgment in claim for damages for breach of English jurisdiction agreement)
Vitol E & P Ltd v Africa Oil and Gas Corporation  EWHC 1677 (Comm), 167 Con LR 268 (construction of clause in share sale agreement providing for payment of deferred consideration)
ABN AMRO Fund Services (Isle of Man) Nominees Ltd v Krys (BVIHC (COM) 2009/0136, 11 March 2016) (application for order reversing decision of liquidators to bring foreign proceedings and/or for anti-suit injunction)
Fairfield Sentry Ltd v Migani  UKPC 9,  1 CLC 611 (claims against former shareholders in Madoff feeder fund for restitution of redemption payments dismissed on preliminary issues as to the finality of determination of net asset value per share)
Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP  EWHC 551 (Comm) (whether defendant subject to freezing order should be further restrained from entering into transaction to raise funds to pay litigation costs)
Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP  EWHC 1052 (Comm) (collateral waiver of legal professional privilege)
Standard Bank plc v Via Mat International Ltd  EWCA Civ 490,  2 All ER (Comm) 1222 (appeal against summary judgment in claim against transport and storage companies for damages for loss of silver consignments)
AstraZeneca UK Ltd v International Business Machines Corporation  EWHC 306 (TCC) (issues of construction arising in connection with termination of master agreement for provision of global IT infrastructure services);  EWHC 3373 (TCC) (exercise of discretion to award costs on indemnity basis to reflect contractual entitlement)
The Bloody Sunday Inquiry (public inquiry into shootings in Derry/Londonderry on 30 January 1972)
R (A) v Lord Saville of Newdigate (No. 2)  EWHC Admin 888;  EWCA Civ 2048,  1 WLR 1249 CA (principles applicable to tribunal's determination of venue for oral evidence in case of alleged risk to life)
R v Lord Saville of Newdigate, ex parte A  EWHC Admin 556;  EWCA Civ 3012,  1 WLR 1855 CA (whether refusal by tribunal of inquiry to grant anonymity unfair or unreasonable)
R v Lord Saville of Newdigate, ex parte B  EWHC Admin 232;  EWCA Civ 1136 (effect of previous grant of anonymity on a subsequent public inquiry)
British Coal Respiratory Disease Litigation (Turner J, 23 January 1998) (trial of lead actions for damages for respiratory disease caused by occupational exposure to mine dust)
Republic of India v India Steamship Co Ltd, The Indian Endurance and Indian Grace (No. 2)  2 Lloyd's Rep 331 Adm Ct;  2 WLR 538 CA;  AC 878 HL (effect of s 34, Civil Jurisdiction and Judgments Act 1982 in Admiralty action in rem)
Camdex International Ltd v Bank of Zambia  EWCA Civ 798,  CLC 714 (whether foreign exchange control legislation enforceable in England)
Nederlandse Reassurantie Groep Holding NV v Bacon & Woodrow  2 Lloyd's Rep 404 Com Ct (admissibility of contents of witness statement no longer remembered by the witness at time of trial);  LRLR 678 Com Ct (trial of major professional negligence action against consulting actuaries in respect of advice given to purchaser of reinsurance company)
Mahkutai (Owners of cargo lately laden on board) v Mahkutai (Owners), The Mahkutai  AC 650 PC (whether shipowners entitled to rely on exclusive jurisdiction clause in charterers' bill of lading)
Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran  1 AC 438 HL (rejection of documents under letter of credit / test for grant of leave to serve out of the jurisdiction)
‘Bankers’ in Professional Negligence and Liability (Informa, 2014)
Diploma in Law (City University)
Barrister, Middle Temple
Pupillage at Brick Court Chambers
Barrister, Eastern Caribbean Supreme Court (Virgin Islands)
- "He is very easy to get on with and is a silk brain at senior junior rates." (The Legal 500 2016)
- "Dedicated to the case and unflappable in his approach." (The Legal 500 2016)
- "A true rising star; he has gravitas beyond his years." (The Legal 500 2014)
- "Experienced in professional negligence, banking and shipping disputes." (The Legal 500 2014)
- "excellent advocate" (The Legal 500, 2007)
- "extremely hardworking" (The Legal 500, 2005)